The Motorcycles (Type-Approval) Regulations 2018

Regulation 16

SCHEDULE 2 Consequential amendments and revocations

PART 1 Consequential amendments

Road Traffic Act 1988

1.—(1) The Road Traffic Act 1988(1) is amended as follows.

(2) Section 65A (motor cycles not to be sold without EC certificate of conformity)(2) is omitted.

(3) In section 85(1) (interpretation of Part 2)—

(a) in the definition of “EC certificate of conformity”(3), for paragraph (b), substitute—

“(b) in the case of a vehicle to which the motorcycle type approval Regulation applies, a certificate of conformity issued by a manufacturer under Article 38 of that Regulation;”;

(b) in the definition of “light passenger vehicle”(4)—

(i) for “1(3)”, substitute “4”;

(ii) for “Directive”, substitute “Regulation”;

(c) for the definition of “the motorcycle type approval Directive”(5), substitute—

““the motorcycle type approval Regulation” means Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles as it may be amended from time to time,”.

(4) In section 86 (index to Part 2), for “Motorcycle type approval Directive”(6), substitute “Motorcycle type approval Regulation”.

(5) In section 108(1) (interpretation), in the definition of “light quadricycle”—

(a) for “1(3)(a)”, substitute “4”;

(b) for “Directive”, substitute “Regulation”.

(6) In section 183(2) (application to the Crown), for “sections 65 and 65A”(7), substitute “section 65”.

Road Traffic (Northern Ireland) Order 1981

2.—(1) The Road Traffic (Northern Ireland) Order 1981(8) is amended as follows.

(2) In Article 19D(1) (interpretation)(9)—

(a) in the definition of “moped”(10)—

(i) for “1(3)(a)”, substitute “4”;

(ii) for the first instance of “Directive”, substitute “Regulation”;

(b) in the definition of “motorcycle type approval Directive”(11), for “Directive”, substitute “Regulation”.

(3) In Article 31A(7) (approval of design, construction, etc., of motor vehicles)(12)—

(a) for “31B to 31G”, substitute “31B to 31E”;

(b) in the definition of “EC certificate of conformity”(13), for paragraph (b), substitute—

“(b) in the case of a vehicle to which the motorcycle type approval Regulation applies, a certificate of conformity issued by a manufacturer under Article 38 of that Regulation;”;

(c) in the definition of “light passenger vehicle”—

(i) for “1(3)”, substitute “4”;

(ii) for “Directive”, substitute “Regulation”;

(d) omit the definition of “the motorcycle type approval Directive”(14);

(e) after the definition of “motor vehicle”, insert—

““the motorcycle type approval Regulation” means Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15th January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles(15) as it may be amended from time to time;”.

(4) Omit Articles 31F (failure to hold EC certificate of conformity for unregistered light passenger vehicle or motor cycle) and 31G (light passenger vehicles or vehicle to which the motorcycle type approval Directive applies not to be sold without EC certificate of conformity)(16).

Amendment of the Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001

3.  In regulation 4 of the Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001(17), for “Article 1(3) of Directive 2002/24/EC of 18th March 2002 of the European Parliament and of the Council”, substitute “Article 3 of Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles(18) as it may be amended from time to time”.

Amendment of the End-of-Life Vehicles Regulations 2003

4.  In regulation 2 of the End-of-Life Vehicles Regulations 2003(19), for the definition of “vehicle”, substitute—

““vehicle” means—

(a)

any vehicle designated as category M₁ or N₁ defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(20); and

(b)

three-wheel motor vehicles within the meaning of Article 4 and Annex 1 of Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles(21) as it may be amended from time to time, but excluding any vehicle of category L5e;”.

Amendment of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005

5.  In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005(22), for the definition of “vehicle”, substitute—

““vehicle” means—

(a)

any vehicle designated as category M₁ or N₁ defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(23); and

(b)

three-wheel motor vehicles within the meaning of Article 4 and Annex 1 of Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles(24) as it may be amended from time to time, but excluding any vehicle of category L5e;”.

Amendment of the Supply of Machinery (Safety) Regulations 2008

6.  For paragraph 1(e)(iii) of Schedule 3 to the Supply of Machinery (Safety) Regulations 2008(25), substitute—

“(iii) vehicles covered by Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles(26) as it may be amended from time to time;”.

Amendment of the Road Vehicles (Approval) Regulations 2009

7.  For regulation 5(2)(b) of the Road Vehicles (Approval) Regulations 2009(27), substitute—

“(b) quadricycles, as defined in Regulation (EU) No 168/2013 of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles(28) as it may be amended from time to time;”.

PART 2 Revocations

Revocations

8.  The following Regulations are revoked—

(a) the Motor Cycles Etc (EC Type Approval) Regulations 1999(29);

(b) the Motor Cycles Etc (EC Type Approval) (Amendment) Regulations 2001(30);

(c) the Motor Cycles Etc (EC Type Approval) (Amendment) (No 2) Regulations 2001(31);

(d) the Motor Cycles Etc (EC Type Approval) (Amendment) Regulations 2003(32);

(e) the Motor Cycles Etc (EC Type Approval) (Amendment) Regulations 2004(33);

(f) the Motor Cycles Etc (EC Type Approval) (Amendment) (No 2) Regulations 2004(34);

(g) the Motor Cycles Etc (EC Type Approval) (Amendment) Regulations 2006(35);

(h) the Motor Cycles Etc (EC Type Approval) (Amendment) Regulations 2007(36);

(i) the Motor Cycles Etc and Tractors Etc (EC Type Approval) (Amendment) Regulations 2009(37);

(j) the Motor Cycles Etc and Tractors Etc (EC Type Approval) (Amendment) Regulations 2010(38).

(1)

1988 c.52.

(2)

Section 65A was inserted by S.I. 1992/3107.

(3)

The definition of “EC certificate of conformity” was originally inserted by S.I. 1992/3107 and substituted by S.I. 2009/818.

(4)

The definition of “light passenger vehicle” was inserted by S.I. 1992/3107 and amended by S.I. 2009/818.

(5)

The definition of “the motorcycle type approval Directive” was substituted by S.I. 2003/1099.

(6)

The entry for “Motorcycle type approval Directive” was inserted by S.I. 1992/3107.

(7)

The words “sections 65 and 65A” were substituted by paragraph 22(2)(a) of Schedule 23 to the Deregulation Act 2015.

(8)

S.I. 1981/154 (N.I. 1).

(9)

Article 19D was inserted by S.I.1991/197 (N.I. 3) and amended by S.R. 1996/426, 2012/170 and 2015/6.

(10)

The definition of “moped” was substituted by S.R. 2012/170.

(11)

The definition of “motorcycle type approval Directive” was inserted by S.R. 2012/170.

(12)

Article 31A was inserted by S.I. 1985/755 (N.I. 6).

(13)

The definition of “EC certificate of conformity” was inserted by S.R. 1993/246; paragraph (b) of that definition was substituted by S.I. 2003/1099.

(14)

The definition of “motorcycle type approval Directive” was inserted by S.I. 2003/1099.

(15)

OJ No L 60, 2.3.2013, p.52.

(16)

Articles 31F and 31G were inserted by S.I. 1985/755 (N.I. 6).

(17)

S.I. 2001/3523, as amended by S.I. 2004/1661 and 2013/65.

(18)

OJ No L 60, 2.3.2013, p.52.

(19)

S.I. 2003/2635.

(20)

OJ No L 263, 9.10.2007, p.1.

(21)

OJ No L 60, 2.3.2013, p.52.

(22)

S.I. 2005/263.

(23)

OJ No L 263, 9.10.2007, p.1.

(24)

OJ No L 60, 2.3.2013, p.52.

(25)

S.I. 2008/1597.

(26)

OJ No L 60, 2.3.2013, p.52.

(27)

S.I. 2009/717.

(28)

OJ No L 60, 2.3.2013, p.52.

(29)

S.I. 1999/2920.

(30)

S.I. 2001/368.

(31)

S.I. 2001/1547.

(32)

S.I. 2003/1099.

(33)

S.I. 2004/1948.

(34)

S.I. 2004/2539.

(35)

S.I. 2006/2935.

(36)

S.I. 2007/2656.

(37)

S.I. 2009/3266.

(38)

S.I. 2010/1114.